Defendant's first set of requests for production to plaintiff-FLSA

IN THE UNITED STATES DISTRICT

FOR THE __________ DISTRICT OF TEXAS

__________ DIVISION

________, §

§

Plaintiff, § §

§ Civil Action No. ____________

v. §

§

________ §

§

Defendant. §

DEFENDANT’S FIRST SET OF

requests for production TO PLAINTIFF

TO: Plaintiff, ________, through his counsel of record, ______________________:

Pursuant to Federal Rule of Civil Procedure 34, Defendant, ________ (“Defendant”) serves its First Set of Requests for Production to Plaintiff, ________ (“Plaintiff”), as follows. You are further requested to supplement your response as required by the Federal Rules of Civil Procedure.

I.

INSTRUCTIONS

1. The following documents, electronic information (as defined below) and/or items are to be produced for inspection, examination and copying on or before thirty (30) days after service of this first set of requests for production, at 10:00 a.m., at the offices of ______________________________________. Each discovery request also is requesting versions and copies of the requested document, material or information stored electronically, as electronic data on computer disk or hard drive, or on any other device which stores or compiles data or information. Each request for production seeks responsive documents in their entirety, without abbreviation, deletion or redaction.

2. For purposes of interpreting or construing the scope of these discovery requests, all terms shall be given their most expansive and inclusive interpretation, unless otherwise specifically limited by the language of an individual request. This includes, without limitation, the following: (a) construing “and” as well as “or” in the disjunctive or conjunctive, as necessary to make the request more inclusive; (b) construing the singular form of the word to include the plural, and the plural form to include the singular; (c) construing the masculine to include the feminine and vice versa; and (d) construing the term “including” to mean “including but not limited to.”

3. These discovery requests are intended to include all documents and/or information in your possession or subject to your custody or control whether directly or indirectly. A document or information is deemed to be within your possession, custody or control if:

   (a) it is within your actual knowledge or possession;

   (b) it is in your physical control or ownership; or

   (c) you have a right to possession of the document or information that is equal to or superior to the person who has actual physical possession of the document or information.

4. You are reminded that your written response to this Request for Production shall state, with respect to each category of items, that inspection and other requested action will be permitted as requested, except to the extent that you make objections in writing to particular items or categories. Your written responses and/or objections, if any, shall be served on the opposing attorney within the time proscribed by the Rules of Civil Procedure in which this case is pending. You are requested to make all documents or items subject to this Request for Production, within thirty (30) days of service of same.

5. If you contend that you may partially or entirely withhold a requested document because of a rule, privilege, immunity, or other reason, for each document partially or entirely withheld provide the following information: identify the document and state the factual basis on which you claim the privilege or immunity.

6. This request does not seek correspondence between you and your attorneys.

7. Substantial effort has been made to define _______________________________.

   REQUEST FOR SUPPLEMENTATION

8. This discovery request is continuing. In the event that any information or material comes to your attention, possession, custody or control, or the attention, possession, custody or control of your agents, employees, affiliates, subsidiaries, accountants, partners, officers, directors, or attorneys subsequent to the filing of your response, which material or information is responsive to any interrogatory or request for production you are required to furnish said additional information, answers, or material to the opposing attorney as soon as possible.

   II.

   DEFINITIONS

1. The term “documents” is used in the broadest sense and includes, but is not limited to, electronic information (as defined below), originals and any non-identical copies or reproductions of any written or recorded matter, whether printed, reproduced by any other mechanical or electronic process, or handwritten, including, but not limited to, drafts of any documents, revisions of drafts of any documents, and original or preliminary notes concerning drafts of any documents, books, accounts, journals, correspondence, memorandum, letters, reports, agreements, communications (including inter- and intra-office and inter- and intra-company communications), e-mails, Internet communications, telegrams, telexes, cables, indices, pictures, blueprints, sketches, plans, drawings, diagrams, projections, bulletins, advertising literature, brochures, pamphlets, circulars, codes as well as other devices to decipher abbreviations or other notations, computer printouts, analytical records, memoranda, summaries, diaries, forecasts, photographs, photocopies, recordings, tape recordings, motion picture films, graphs, note charts, notebooks, charts, minutes, notes or recordings of meetings, documents distributed at, generated for or as a result of meetings, lists of persons attending meetings, records, notes, reports and/or summaries of interviews, conversations, telephone calls, conferences, investigations or negotiations, opinions or reports of consultants, appraisals, press releases, newspaper articles, mailing lists, contracts, agreements, drafts, notes, marginal comments appearing on or affixed to any document, calendars, day-timers, datebooks, messages, letters of credit, financial statements, invoices, statements of account, receipts, promissory notes, security agreements, deeds of trust, instruments purporting to grant or evidencing any security interest or lien, loan agreements, credit and debit memoranda, cancelled checks and drafts (both front and back), check stubs, securities ledgers, and any other papers or writings of any character or description, including, but not limited to, any information contained in any computer or information retrieval device, and electronically stored data.

2. The terms “communication” and “communicate” include any transfer or exchange between two or more persons of any information, whether through an intermediary or by written, electronic, computer or oral means, including, but not limited to, personal conversations, meetings, telephone calls, correspondence, e-mails, Internet communications, telegrams, telexes, cables, memoranda and any other understandings between two or more people.

3. The term “person” includes natural persons, groups of natural persons acting in a collegial capacity (e.g., a committee or council), corporations, partnerships, associations, joint ventures, and any other incorporated or unincorporated business, governmental, public, social or legal entity.

4. The terms “relating,” “relate,” “related,” “concern” and “concerning” mean referring to, having any relationship to, pertaining to, evidencing or constituting evidence of, in whole or in part, of the subject matter of the request.

5. The terms “Plaintiff,” “you” and “your” mean Plaintiff, ________, or anyone acting on his behalf.

6. The terms “this action” and “this lawsuit” refer to the above-captioned lawsuit, as may be amended and/or supplemented, including all claims, defenses and affirmative defenses filed in that cause.

7. “Identify” or “name” means the complete identity, to the extent known or ascertainable by you or your attorneys, agents, directors, officers, employees, partners, subsidiaries and affiliates and includes, without limitation, a request for the following information:

   a. Where the term to be identified is a person, the person’s full name, present or last known address and telephone number and present or last known employer;

   b. Where the term to be identified is a document, its character or title, and the author or signatory;

   c. Where the item to be identified is a statement, the exact language or nature of the statement and the person who made the statement; and

   d. Where the information...